1.1 This Agreement is made between You the customer ("Customer") and Energy Services Online Limited ("Energy Services Online"), a company registered in England, (Company Number 03798799) whose registered address is 14 Marchwood Crescent, London W5 2DZ.
2.1 In this Agreement, unless the context otherwise requires:
"We", "Us", "Our" and related expressions refer to Energy Services Online Limited.
2.2 "You", "Your", "Customer" and related expressions refer to the user of the Service and/or Our Site.
2.3 "Our Site" means the website with address www.TheEnergyShop.com.
2.4 "Service" means the service provided by Energy Services Online via the TheEnergyShop.com website ("Our Site") or call centre whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and potentially transact with the Suppliers for the provision of those services and/or products;
2.5 "Supplier" means any supplier of goods, products and/or services selected by Us from time to time and who is listed on Our Site.
3.1 Use of this Service is subject to the terms and conditions set out in this Agreement.
3.2 This Service is provided solely to assist Customers in finding information about a range of goods and services, and to permit Customers to obtain quotations from Suppliers or to transact with Suppliers, and for no other purposes.
3.3 You warrant that You are of sufficient legal age and capacity to enter into this Agreement and to use this Service to create binding legal obligations.
3.4 You warrant that You have taken all reasonable precautions to ensure that any data you submit to Our Site is true and accurate and free from viruses and anything else that may have a contaminating or destructive effect on any part of Our Site or any other technology.
3.5 You warrant that We will not be party to any transactions between You and any third part Supplier listed on Our Site, and all such transactions are subject to the terms and conditions of the relevant Supplier and Energy Services Online shall in no circumstances have any liability whatsoever in respect of any such transaction. Energy Services Online will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to any transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
3.6 You acknowledge that where relevant We may pass on Your details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers.
3.7 We will use reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly and is accurate, and we will rectify errors and omissions as soon as practicable after being notified of them. However, We do not accept responsibility for third party data and therefore disclaim all warranties and representations as to the accuracy of any such information.
3.8 Our Site may contain links to other web sites, which are provided solely as a convenience to You and not as an endorsement by Us of the contents of such other websites. We shall not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites.
3.9 We do not guarantee to provide the Service free of faults. In the event of a fault in the Service, You should report it to Us using the contact information provided on Our Site.
3.10 We do not warrant that Your use of the Service will be uninterrupted and do not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.
3.11 We reserve the right to withdraw any Supplier (or any product or service of a Supplier) from the Service at any time.
3.12 The following uses of the Services are expressly prohibited: (a) resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of Energy Services Online or the relevant Supplier; (b) submitting false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers; (c) circumventing, or attempting to circumvent, Our security or network including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks; (d) executing any form of network monitoring which will intercept data not intended for the Customer; (e) entering into fraudulent transactions with Suppliers (which shall include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party, or the Customer acting as if they were the third party).
3.13 We reserve the right, to be exercised in Our sole discretion, at any time and without notice to terminate or restrict Your access to Our Site or any component thereof.
4.1 Use of the Service is currently free. However, we reserve the right to make charges for certain services
or to make charges for the use of Services that were previously free. If at any time we impose a charge
for our service, We will notify You of any applicable charges before any such services can be accessed or
before any charges are levied.
4.2 You will be responsible for making all payments due to Suppliers on the terms agreed with the relevant Supplier and Energy Services Online shall have no responsibility for transmission of payments to any Supplier.
5.1 If You choose to purchase a product and/or service, We will inform You of any applicable terms and
conditions imposed by the Supplier, in relation to the supply of its goods, products and/or services and
You agree to abide by those terms and conditions.
5.2 You warrant that all information provided by You on registration, during the course of entering into a transaction with one or more Suppliers for one or more products or services, and during the course of this Agreement is true, complete and accurate and that You will promptly inform Us of any changes to such information.
6.1 All web site design, text, graphics, the selection and arrangement thereof, and all software compilations,
underlying source code, software (including applets) and all other materials on Our Site are copyright Energy
Services Online Limited and its affiliates, or its content and technology providers.
6.2 The trademarks, logos and service marks displayed on Our Site (collectively, the "Trade Marks") include registered or unregistered trademarks belonging to Us, Our affiliates, Suppliers, and various third parties.
6.3 Nothing contained on Our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks without the written permission of the owner of the Trade Marks.
6.4 Neither Our Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
6.5 You shall retain ownership of the data you submit to Our Site. You agree that if You submit suggestions, ideas, comments or questions or post any other information on Our Site, You grant Us and Our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, copy, modify, adapt, distribute, publish, display and transmit such content in any form, media or technology. We take no responsibility and assume no liability for any content posted or submitted by You (save where such message is transmitted by way of private correspondence).
7.1 You shall indemnify Energy Services Online against each loss, liability or cost incurred by Energy Services Online arising out of: any claims or legal proceedings arising from Your use of the Services which are brought or threatened against Energy Services Online by any other person; or any breach of this Agreement by You.
8.1 In performing any obligation under this Agreement, Our only duty is to exercise reasonable care and skill.
8.2 We do not warrant and exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service via Our Site, Our call centre or otherwise sent to You and You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
8.3 Whilst We endeavour to allow uninterrupted trouble-free access to Our Site, We do not warrant that Our Site will operate free from error, nor do We warrant that use of Our Site will not result in damage to Your computer or Your computer becoming infected with a computer virus or other harmful components. You are therefore advised to take suitable precautions and to use Your own anti-virus software at all times.
8.4 Due to the nature of electronic transmission of data over the Internet, any liability we may have for any losses or claims arising from an inability to access Our Site, or from any use of Our Site or reliance on the data transmitted using Our Site, is excluded to the fullest extent permissible by law.
8.5 Except as otherwise provided herein, Energy Services Online shall not have any liability other than in respect of: death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Energy Services Online; or any liability of Energy Services Online which cannot by Law be excluded or restricted.
8.6 Subject to the liability which we accept in clause 8.4: (a) our aggregate liability to you arising out of or in connection with this Agreement or use of the Service shall not exceed �50; and (b) We shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Service for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
9.1 Your attention is drawn to the fact that when purchasing goods or services from a third party Supplier through Our Site or through Our Service, You may be subject to further terms and conditions in respect of such goods or services purchased, which may be imposed by such third party Supplier. Your acceptance of such terms and conditions is at Your own risk. You should check that You agree to those terms and conditions before making an application or entering into any transaction.
10.2 Use of Your personal information will in all cases be with Your consent and subject to any rights You may have as a Data Subject under the Data Protection Act 1998 as amended from time to time.
11.1 You shall not assign or delegate or otherwise deal with all or any of Your rights or obligations under this Agreement. Energy Services Online shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
12.1 Energy Services Online shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
This Agreement, together with any terms and conditions incorporated herein or referred to in it, represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written, and may not be amended or modified except in writing or by making such amendments or modifications available on Our Site.
14.1 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Energy Services Online or to Energy Services Online at its address as specified on the Our Site.
15.1 We may terminate or suspend your access to the Service at any time.
15.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
16.1 This Service, and the content of our Site is directed solely at Customers who access the site from the United
Kingdom, and in the specific case of domestic energy products or services, Customers who reside in Great Britain.
We make no representation that any product or service referred to on Our Site is available or otherwise suitable
for use outside of the United Kingdom (or in the case of energy products and services, outside of Great Britain).
16.2 These terms and conditions shall be deemed severable. In the event that any provision is held by a court of law to be unlawful, invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such finding shall not affect the validity and enforceability of any other remaining provisions.
16.3 If We fail to enforce a right under this agreement, that failure will not prevent Us from enforcing other rights, or the same type of right on a later occasion.
16.4 We reserve the right to modify these terms and conditions without notice. All such amendments to these terms will be posted on Our Site. Your continued use of Our Site will be deemed to constitute acceptance of the terms and conditions in force at the time of use.
16.5 Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
17.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.